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SERVICES - Umpire | Appraisal | Neutral Evaluation
Florida Law provides informal alternative dispute resolution programs for certain types of insurance claims. We are providing help and guidance related to property Insurance Appraisal – and Neutral Evaluation, two methods of Alternative Dispute Resolution.
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If your insurer maintains a position regarding your claim which you find unsatisfactory, mediation will allow you to sit down face to face with the company and a neutral third-party mediator certified by the Department of Financial Services (DFS) to try and resolve your differences.
This alternative dispute resolution process, which involves the use of a state-certified Neutral Evaluator, is authorized under Section 627.7074, Florida Statutes.
After completing an approved course of study in alternative dispute resolution in 2009, Eduard C. Badiu, PhD, P.E. was approved by the Department of Financial Services (Department) as a “Neutral evaluator” a method of Alternative Dispute Resolution for Sinkhole cases.
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Neutral Evaluation is a process in which the parties or their counsel present their cases to a neutral third party (usually an experienced and respected lawyer with expertise in the substantive area of the dispute) who renders a non-binding reasoned evaluation on the merit of the case. If you have a sinkhole claim dispute, our sinkhole Neutral Evaluation program will provide a neutral third party professional to review the findings of the insurer.
Appraisal is a Policy Provision found in the Loss Settlement section. It is an Alternate Dispute Resolution, which can resolve disagreement when the Carrier and Policyholder do not agree on the amount of loss. It is an alternative to a lawsuit. Appraisal does not address coverage issues, but can include or exclude items based on causation depending on the state.
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Once the Appraisal clause/provision is invoked, the insured's appraiser and the insurance carrier's appraiser will estimate the damage and try to come to an agreement on the amount of loss.
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If the appraisers fail to agree, they will submit their differences to the Umpire. An itemized decision agreed to by two of these three will set the amount of loss. Such award shall be binding.
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Each party will pay its own appraiser and bear the other expenses of the appraisal and umpire equally.
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